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Patent Prosecution Highway

Patent Prosecution Highway


U.S. and Japan To Pilot Patent Prosecution Highway

On May 24, 2006, Japanese patent office announced that they had agreed with the USPTO for the "trial" of the Patent Prosecution Highway.

The followings summarize the announcement.

1. The trial period is one year from July, 2006, and could be extended for
another year and could be terminated within the first year, while both
of the offices intend to initiate the "non-trial" patent prosecution
highway after the first year trial.

2. Requests for participating in the trial will be accepted from
July 3, 2006. The requirements and forms for the participation will be
announced on the JPO homepage.

3. In the trial, the applicant would be able to chose the accelerated
examination, if the corresponding US application is allowed.

4. JPO may utilize the search and examination results in the US for the accelerated
examination.

The Japanese patent office will still conduct the search and examination as they think necessary.

The practice of accelerating the examination already exists in Japan for other causes. In the current practice, the applications are normally examined within three months from the date the request for the acceleration is filed.


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